Whistleblower Protection in Healthcare: Are We Ready? What Steps Should Healthcare Facility Managements Take?

Whistleblower Protection in Healthcare: Readiness for the Coming Changes

The protection of whistleblowers in healthcare is becoming an increasingly important issue in the context of upcoming legal changes. By the end of September 2024, all entities performing medical activities, employing at least 50 people, will have to implement appropriate whistleblower protection procedures. Failure to comply with the new requirements may result in criminal liability for managers. History shows that whistleblowing in healthcare is not a new phenomenon, but the role of whistleblowers was often marginalized or even ignored. Now, with new regulations, the situation is to change.

The Case of Dr. Tadeusz Pasierbiński

One of the first whistleblowers in Poland was Dr. Tadeusz Pasierbiński, a gynecologist from Wadowice. His story began at a doctors' convention in Szczecin in 2001, where he learned that the competition for the position of head of the gynecology and obstetrics department in Mikołów had de facto been decided before it was officially announced. Pasierbiński decided to reveal the corruption case, publicly reporting it at a session of the county council and at a convention of the medical chamber. However, his actions were met with retaliation - he was dismissed from work, accused of defamation and punished disciplinarily. Although he managed to win all the court cases years later, he never returned to his position at the hospital.

The Case of Dr. Barbara Sosinowska

A similar fate befell Dr. Barbara Sosinowska, a specialist in lung diseases. In 2004, she began to criticize the diagnostic decisions of her superior, the head of the hospital ward in Ruda Śląska. Concerned about the errors in the treatment of patients, she turned to the provincial consultant for lung diseases, which was met with a quick reaction - she was dismissed from work. Although initially the national courts agreed with her, the trial in medical courts dragged on for years, and it was only in 2011 that the European Court of Human Rights ruled that her right to freedom of expression had been violated.

Signaling Today

Contemporary cases show that the mentality towards whistleblowers has not changed significantly. In 2023, an employee of a public university was fired after reporting irregularities in the functioning of the department. The court agreed with him, finding that as a whistleblower he should be protected by law. However, cases like this one call into question our willingness to properly protect whistleblowers.

New Obligations for Hospitals and Medical Facilities

According to the Act of 14 June 2024, the obligation to implement systems for reporting violations of the law covers most large medical facilities in Poland, employing at least 50 people. These provisions apply to both hospitals and large clinics or other healthcare facilities. The implementation of these systems is intended to protect whistleblowers and promote transparency and accountability in the medical sector.

Steps to Implement New Regulations

Hospital and other healthcare facility management must take appropriate action to ensure their institutions comply with the new regulations by September 24, 2024. Key steps include:

• Needs and Resources Assessment: Conducting an analysis to implement an appropriate reporting system, tailored to the specific medical conditions.
• Establishing an internal reporting procedure: Developing a clear and accessible internal reporting procedure that complies with the requirements of the Act.
• Appointing appropriate persons to receive reports: Entrusting responsibility for receiving and verifying reports to impartial, trained persons.
• Training and communication: Conducting training and information campaigns to ensure that employees are aware of their rights and obligations.
• Data and whistleblower protection: Ensuring the confidentiality of reports and protection against retaliatory actions.
• Maintaining a register of reports: Obligation to maintain a register of reports and follow-up actions taken, in accordance with the provisions on personal data protection.

Special Offer for Hospitals and Medical Facilities

In order to make it easier for hospital and other medical facility management to implement new obligations, we have prepared a special offer. If you contact us and provide the password "Whistleblower in health care", we will offer a whistleblower management system at a promotional price - for a year for only PLN 1,000 net. Additionally, we will provide templates of procedures that will help meet the requirements of the act, which will ensure compliance with the regulations and facilitate the implementation of the reporting system in medical facilities.

Summary

The new whistleblower protection act is an important step towards greater transparency and safety in the medical sector. The cases of Dr. Pasierbiński and Dr. Sosinowska show how difficult the path of a whistleblower in the healthcare system can be. Will the upcoming legal changes bring improvement? Implementing appropriate procedures by September 24, 2024 is crucial to ensure compliance with the law and to build trust in hospitals and healthcare facilities. Taking advantage of our special offer is an excellent opportunity to meet legal requirements and create a safe work environment that promotes reporting irregularities without fear of retaliation.